How JustAnswer Works:

Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.

Get a Professional Answer

Via email, text message, or notification as you wait on our site.Ask follow up questions if you need to.

100% Satisfaction Guarantee

Rate the answer you receive.

Ask WALLSTREETFIGHTER Your Own Question

WALLSTREETFIGHTER, Attorney

Category: Legal

Satisfied Customers: 16727

Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney

16356563

Type Your Legal Question Here...

WALLSTREETFIGHTER is online now

Can a cop in Florida who takes a patient original doctor written

Customer Question

Can a cop in Florida who takes a patient original doctor written prescription that explains treatment from Pharamacy without court order or authorization be sued in his individual capacity? One might argue that he is protected under qualified immunity however it was malicious cause he lied to the pharmacist that he had a court order. Is there any court case in Florida since he was acting out of the scope of his duties that stop him from being cover under qualified immunity?

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

WALLSTREETLAW :

This will be a difficult case to prove, however in FL, cases such as yours have been possible,

WALLSTREETLAW :

a recent Court case show how to do this.

WALLSTREETLAW :

Case: Moody v. State, 27 FLW D59, 3rd DC

Date: January 4, 2002

FACTS: This is a simplified version of what took place. A taxi driver in Key West called the police department to report someone throwing beer cans at cars. When the police responded, the taxi driver pointed out a house and advised the officers that the suspect had gone inside. The officers entered the residence and arrested the person for throwing the beer cans. The owners of the house, who were present at the time of the arrest, eventually sued the police officers for entering their residence without a warrant. The officers claimed they were entitled to qualified immunity which shields them from personal liability. The court agreed and entered a judgment in their favor. The owners of the home appealed.

RULING: The appellate court reversed the trial court and ruled that the officers could not rely on the doctrine of qualified immunity. The appellate court first explained that for the owners of the home to overcome the claim of qualified immunity, they must show that the police officers violated clearly established law that a reasonable officer would have known. The court then pointed out that it is well-established law that if the police do not a have a search warrant, they cannot enter a third-party’s residence to make an arrest unless they (1) obtain consent, (2) are in hot pursuit, or (3) exigent circumstances exist. The police officers tried to argue that they were in hot pursuit of the beer thrower when they entered the house. The appellate court did not agree.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. LeeMichigan

14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney

X

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

137 Lawyers are Online Now

Type Your Legal Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).